Change order and defect management according to VOB/B: Your key to project success
A professional Change order and defect management according to VOB/B is the backbone of successful construction projects. It minimizes risks, prevents costly disputes, and ensures that all parties fulfill their contractual obligations. Given the complexity of construction projects, a solid understanding of the German Construction Contract Procedures – Part B (VOB/B) is essential. In this article, we want to provide you with a comprehensive guide to navigate through the nuances of the change order and defect management according to VOB/B and present you with practical tools for your Change order and defect management according to VOB/B . At Valoon GmbH, we support you in optimizing your processes in defect management and change orders. We will show you how to avoid common pitfalls and efficiently complete your projects. A robust Change order and defect management according to VOB/B is not just an administrative task, but a strategic success factor that we can strengthen together with you.
The VOB/B often forms the contractual basis for construction services in Germany and details the rights and obligations of clients and contractors. Its correct application in the Change order and defect management according to VOB/B is crucial to handle deviations from the original contract fairly and transparently. Our goal with this article is not only to familiarize you with the theoretical foundations but also to provide concrete recommendations for practice. We will highlight how crucial seamless construction documentation, for example through digital defect recording in construction, and clear communication are for a successful Change order and defect management according to VOB/B . With the right strategies and tools, such as our software for digital defect management, you can master the challenges and sustainably ensure the quality of your construction projects.The VOB/B in plain language: Your foundation for legally compliant action
You are certainly familiar with the Construction Contract Procedures – Part B (VOB/B) as the specific regulatory framework that standardizes the contractual conditions for construction services in Germany. In contrast to the general law of work contracts in the German Civil Code (BGB), the VOB/B provides more detailed and tailored provisions for the construction industry, especially regarding the Change order and defect management according to VOB/B. It is important to know: Its application must be explicitly agreed upon between the contracting parties. The VOB/B is not a law, but a set of general terms and conditions that, when included in the construction contract, shape its content significantly. Change order and defect management according to VOB/B It is particularly relevant for public clients but is also frequently used in contracts between private parties to create a practical basis for collaboration and, as we believe, to enable a truly structured Change order and defect management according to VOB/B . Therefore, a deep understanding of the VOB/B is, in our experience, invaluable for everyone involved in construction – from site managers to clients.
- The VOB/B is a specific regulatory framework for construction contracts in Germany that must be explicitly agreed upon and does not represent a law.
- It provides more detailed, industry-specific regulations than the BGB, particularly for change order and defect management.
- Different types of contracts (e.g., unit price, lump-sum contract) have different implications for change orders and defects.
- A central role is played by the obligation of the contracting parties to cooperate for the successful execution of the project.
Types of contracts and their implications for change order and defect management according to VOB/B
Let’s take a look at the types of contracts: The VOB/B recognizes various types, each having its own impacts on the Change order and defect management according to VOB/B. The unit price contract is the most common form, where services are invoiced based on quantities and unit prices. Here, change orders due to quantity changes (§ 2 para. 3 VOB/B) are clearly regulated. In the case of the lump-sum contract , a fixed price is agreed upon for a total service. One distinguishes between the detailed lump-sum contract (service described in detail) and the global lump-sum contract (service described functionally). Change orders here are more complex and often subject to higher hurdles (see § 2 para. 7 VOB/B). Hourly wage contracts (§ 15 VOB/B) are used for work whose scope is difficult to calculate in advance; precise documentation of hours and material consumption is essential for a clean Change order and defect management according to VOB/B is key. The choice of contract type significantly influences how changes and defects are handled in the Change order and defect management according to VOB/B .
The duty of cooperation as a foundation
A principle that is particularly dear to us and is central to the VOB/B is the duty of cooperation of the contracting parties. This obligates clients and contractors to work together in good faith during contract execution and support each other in fulfilling their duties. This is particularly relevant for a smoothly functioning Change order and defect management according to VOB/B. According to it, the parties must do everything necessary to achieve the contractual purpose. This concretely means: In case of problems, changes to services, or arising defects, communication should take place early, and solutions should be sought together. In our experience, open communication can avoid many disputes in the context of the change order and defect management according to VOB/B from the outset and is often the key to successful project execution. The duty of cooperation also includes pointing out circumstances that could jeopardize the success of the contract.Manage change orders smartly: Master changes confidently according to VOB/B
What exactly is a change order in the sense of VOB/B? It is an adjustment of the originally agreed scope of services or remuneration due to changes or additional requirements. The Change order and defect management according to VOB/B is the procedural framework for this. According to § 1 para. 3 VOB/B, the client can request changes to the construction design or other orders necessary to achieve the agreed work success. § 1 para. 4 VOB/B regulates the entitlement to additional remuneration for services not provided for in the original contract. The distinction between a pure service modification (modification of an already commissioned service) and an additional service (completely new, previously unpromised service) is crucial for the correct handling in the Change order and defect management according to VOB/B and is dealt with in detail in § 2 VOB/B. A typical example that you are surely familiar with is the Change order and defect management according to VOB/B which applies to changed services in the
- A change order is an adjustment of the scope of services or remuneration due to changes or additional requirements, governed by § 1 and § 2 VOB/B.
- Typical triggers are quantity changes (§ 2 para. 3), changed services (§ 2 para. 5), additional services (§ 2 para. 6), or the omission of services (§ 2 para. 4).
- The process of a change order offer includes the announcement, detailed offer preparation, review by the client, and a final agreement.
- Strategic change order management requires proactive communication, seamless documentation, and the original calculation as a pricing basis.
Typical triggers for change orders and their VOB/B fundamentals
There are many reasons why change orders may be necessary – and in the Change order and defect management according to VOB/B we must naturally consider these. Among the most common causes are quantity changes (§ 2 para. 3 VOB/B), when the quantities actually needed deviate by more than 10% from the quantities estimated in the specifications. Also, changed services (§ 2 para. 5 VOB/B), which are ordered by the client, lead to claims for change orders. If additional services (§ 2 para. 6 VOB/B) are required, which were originally not part of the contract, a change order must also be submitted for this. Even the omission of services (§ 2 para. 4 VOB/B) can lead to an adjustment of remuneration, with the contractor to be credited with the saved costs. Unforeseen circumstances, such as differing ground conditions, may also require a careful Change order and defect management according to VOB/B . Here it applies: Early notification and seamless documentation are key for the Change order and defect management according to VOB/B is essential.
The process of the change order offer: From announcement to agreement
For successful Change order and defect management according to VOB/B , a clearly structured process is indispensable. What does it look like? It begins with the announcement of the change order by the contractor as soon as he recognizes that a claim-triggering situation exists. This is followed by the creation of a detailed change order offer. This should include a cover letter with a plausible justification, a comprehensible calculation proof (based on the original calculation), an updated specification, and all relevant documents (e.g., photos, plans). As a starter aid, a “Change Order Template Word” or “Change Order Sample PDF” can be used here. The client then reviews the offer substantively (grounds for the claim) and financially. Negotiations follow aiming for an amicable solution. The final agreement is documented and leads to an adjustment of the contract. This process in the Change order and defect management according to VOB/B thrives on transparency and cooperation.
Important aspects of strategic change order management
A truly effective Change order and defect management according to VOB/B is more than just a mere execution – it also has strategic dimensions. This includes a proactive and timely communication between all parties. As soon as deviations are apparent, discussions should be initiated. We cannot emphasize enough: A seamless and detailed construction documentation is invaluable. This includes not only daily construction reports but also photo documentation and protocols, ideally supported by software solutions like ours for mobile defect management. Remember: The original calculation serves as a reference for pricing in change orders; its clear presentation and traceability is therefore crucial from the beginning. There is no fixed ceiling for change orders under VOB; what matters is the traceability of costs, as . This is how we see it: A good Change order and defect management according to VOB/B minimizes conflict potential and ensures fair outcomes for all.Defect management according to VOB/B: Ensuring quality and asserting claims
When do we actually speak of a defect in the sense of VOB/B? Well, a defect exists when the construction service provided does not meet the agreed quality or is not suitable for the intended or usual use and does not have the characteristics that are typical for works of the same kind and that the client can expect according to the nature of the work (§ 13 para. 1 VOB/B). This is exactly where our Change order and defect management according to VOB/B comes in: It aims to recognize such defects early, document them properly, and ensure their elimination within the Change order and defect management according to VOB/B framework. The definition closely follows § 633 BGB but includes specific regulations in the VOB/B, for instance, concerning defect notices and subsequent fulfillment. Effective defect management with clever all-in-one solutions like Planfred can provide you with valuable support here by standardizing processes and facilitating tracking. As you can imagine, the correct understanding of the term defect is the basis for every successful Change order and defect management according to VOB/B.
- A defect under VOB/B (§ 13 para. 1) exists when the construction service does not possess the agreed or usual quality.
- Defects are classified into visible, hidden, and fraudulently concealed defects, which has implications for deadlines and claims.
- The process of defect rectification includes defect notification, contractor’s obligation for subsequent fulfillment, and possible measures by the client in case of non-fulfillment.
- Acceptance (§ 12 VOB/B) is a central legal act that confirms the service, starts the warranty period, and transfers the risk.
Categorization of defects in construction
In the daily life of the change order and defect management according to VOB/B it is important to distinguish between different types of defects:
- Visible defects: These are immediately recognizable at acceptance and should be documented in the acceptance protocol. Their non-objection can lead to the loss of claims.
- Hidden defects: These are not recognizable at acceptance and only come to light later during the warranty period. They must be reported immediately upon discovery.
- Fraudulently concealed defects: These are defects that were known to the contractor but were consciously concealed from the client at acceptance. For such defects, significantly longer limitation periods apply.
As you can see: Correct classification is really crucial for deadlines and claims in the Change order and defect management according to VOB/B.
The process of defect rectification: From notification to subsequent fulfillment
How does the defect rectification process run in the Change order and defect management according to VOB/B ? It begins with the defect notification by the client. This should be done in writing, describing the defect in detail, and setting a reasonable deadline for rectification. The contractor checks the validity of the notification. If the defect is acknowledged, the contractor is obligated to fulfill the defect (rectification) (§ 13 para. 5 VOB/B). If he does not comply with this obligation or does not do so in a timely manner, the client can, after another deadline set, carry out a substitute performance (having the defect rectified at the contractor’s expense), request a reduction of the remuneration or under certain circumstances, claim for damages. Here, an efficient defect tracking app for construction can significantly simplify the process and make it more transparent – a clear advantage for your successful Change order and defect management according to VOB/B.
The central role of acceptance in defect management
Acceptance – a truly crucial legal act in the construction contract and thus also a key element in the Change order and defect management according to VOB/B. With acceptance (§ 12 VOB/B), the client essentially confirms the contractual fulfillment of the service. It triggers the due date for the final payment, the start of the warranty period, and the transfer of risk to the client. There are different forms of acceptance: the formal acceptance (with protocol), the tacit acceptance (by use or implied behavior), and the fictional acceptance (when certain deadlines expire without a defect notice). The client can refuse acceptance under VOB due to substantial defects (§ 12 para. 3 VOB/B). You can see: A careful acceptance is an absolute core element of the Abnahme nach VOB wegen wesentlicher Mängel verweigern (§ 12 Abs. 3 VOB/B). Sie merken schon: Eine sorgfältige Abnahme ist ein absolutes Kernstück des change order and defect management according to VOB/B.Construction hindrances and delays: How to secure your claims according to § 6 VOB/B
What do we understand by a hindrance in the construction process? It occurs when you, as the contractor, are disturbed in the proper execution of your service by circumstances for which you are not to blame. It is clear: The Change order and defect management according to VOB/B must also cover such scenarios, as they often lead to claims for change orders. § 6 VOB/B regulates the rights and obligations concerning hindrances and interruptions of execution. A hinderance can arise, for example, from delayed preliminary works by other trades, missing or faulty plans from the client, or unforeseen weather conditions (beyond the normal measure). It is crucial that you, as a contractor, notify the hindrance in writing without delay (keyword: hindrance notification!) to secure your claims for an extension of construction time and possibly compensation under the change order and defect management according to VOB/B to safeguard. The proper handling of construction hindrances under VOB is, of course, extremely important for both contracting parties. Change order and defect management according to VOB/B Common causes of construction process disturbances
Which factors can lead to construction process disturbances in the context of the
There are several: change order and defect management according to VOB/B Weather-related hindrances , which exceed the usual measures and are not within the contractor’s risk area, can trigger claims. However, more frequent are, die über das Übliche hinausgehen und nicht im Risikobereich des Auftragnehmers liegen, können Ansprüche auslösen. Häufiger sind jedoch hindrances caused by the client or his agents, such as delayed delivery of plans, not timely cleared construction site, or late decisions. Also, hindrances caused by third parties, for example, other companies involved in the construction, whose services are not provided on time, can disrupt your construction process. For all these cases, the Change order and defect management according to VOB/B provides mechanisms to fairly regulate the effects – starting, as mentioned, with the hindrance notification. Once again, it applies: Careful documentation of causes and effects is key for a successful Change order and defect management according to VOB/B .
The hindrance notification: Form, deadline, and content
The hindrance notification according to § 6 para. 1 VOB/B – a truly central tool in your Change order and defect management according to VOB/B. It must be submitted promptly and in writing , as soon as the contractor realizes that he is being hindered in the execution of his service. “Promptly” means without culpable delay. Essentially, the notification should clearly state the nature of the hindrance, the expected duration , and the impacts on the construction process. The burden of proof for the existence of a hindrance and its effects lies with the contractor. A delayed or missing hindrance notification can lead to a loss of claims for an extension of construction time or compensation. That is why we place great importance on making sure that this notification is done correctly and timely. Last but not least, it also allows the client the chance to remedy the situation. Change order and defect management according to VOB/B größten Wert darauf, dass diese Anzeige korrekt und zeitnah erfolgt. Nicht zuletzt dient sie auch dazu, dem Auftraggeber die Chance zu geben, Abhilfe zu schaffen.Billing and payments under VOB/B: Here’s how it works – from measurement to retention
Let’s come to an important point: the correct billing. It is an essential component of the change order and defect management according to VOB/B and is regulated in § 14 VOB/B. Invoices, especially interim and final invoices, must be verifiable. This means they must be structured in such detail and be comprehensible that the client can verify the accuracy of the billed services and quantities without excessive effort. It typically includes a clear categorization according to the specification, details of quantities, unit prices, and total amounts, as well as the proof of provided services through measurements or other documentation. Importantly: An unverifiable invoice is not due. Compliance with these formal requirements is thus your key to smooth cash flow and a functioning Change order and defect management according to VOB/B. The preparation of revision documents according to VOB is also an important aspect of documentation that you should keep in mind within the Change order and defect management according to VOB/B .
The measurement: Basis for correct billing
The measurement – often underestimated but a central basis for your billing in the Change order and defect management according to VOB/B, especially with unit price contracts. According to § 14 para. 2 VOB/B, the measurement should ideally be done jointly by the client and the contractor. Our tip: The joint measurement. It has the invaluable advantage that inconsistencies can be clarified early on and the quantities determined are acknowledged by both sides. The results of the measurement should be documented in a measurement list. VOB/C contains specific billing rules for various trades that must be followed during measurement. Careful and timely measurement spares you later disputes over quantities and is an important building block for a transparent Change order and defect management according to VOB/B, to which we are committed.
Payment modalities and securities according to VOB/B
What about payment deadlines? The VOB/B regulates these in § 16. Interim payments should be granted in the shortest possible intervals for proven contract-compliant services. The payment deadline for interim invoices typically is 21 days after receipt of the verifiable invoice. The final payment is due after acceptance and review of the final invoice, usually within 30 days (can be extended up to 60 days). In the context of the change order and defect management according to VOB/B we must not forget about securities. As per § 17 VOB/B, the client can demand security for contractual fulfillment and for defect claims (e.g., a guarantee). Also common is a retention for defects from the final payment (typically 5%) to secure warranty claims until appropriate security (e.g., warranty bond) is presented. Interestingly, the appropriate retention for defects may amount to double the anticipated defect remedy costs under the Change order and defect management according to VOB/B .Case law and norms in flux: So you stay up-to-date in change order and defect management
The construction industry never sleeps, and so does the case law on construction contract law, particularly regarding the Change order and defect management according to VOB/B, constantly in flux. New rulings from higher regional courts and the Federal Court of Justice (BGH) can clarify or change existing interpretations of the VOB/B. For you as a practitioner in the construction field, it is therefore essential to stay informed about relevant decisions. For example, there are recurrent rulings regarding the testability of change order offers, the appropriateness of deadlines for defect rectification, or the prerequisites for claims for damages in the case of construction process disturbances. Being aware of current rulings helps you enormously to mitigate risks in Change order and defect management according to VOB/B to better assess and represent your own position legally secure. Specialized lawyers in construction and architects’ law – like Dr. Voppel mentioned in the research – are, of course, valuable sources of information. Don’t forget about specialized magazines and , which often provide valuable updates for the Change order and defect management according to VOB/B provide.
Legal innovations and their impacts
But not only judicial decisions, changes in laws and standards can also affect your Change order and defect management according to VOB/B influence. A significant turning point was the reform of construction contract law in the BGB effective January 1, 2018. This introduced new regulations, for example, regarding the ordering rights of the client (§ 650b BGB) and the adjustment of remuneration for ordered services (§ 650c BGB). Although the VOB/B can still be agreed upon in its entirety – which is a good thing – you as a practitioner must understand the differences and interactions between BGB and VOB/B precisely. The VOB/B itself is also periodically revised. Therefore, it is advisable to always use the current version of the VOB/B and stay informed about planned changes. This ensures that your Change order and defect management according to VOB/B is always up to date with legal and technical requirements. Ongoing training, for example in the area of “Continuing Education for Structural Engineering” or “Continuing Education in Construction Technology”, is a good investment for your Change order and defect management according to VOB/B.Practice Tips: How to optimize your change and deficiency management according to VOB/B
As a construction and project manager, a proactive and systematic approach in Change order and defect management according to VOB/B is crucial for success. This begins with a careful planning and continuous monitoring of construction progress and costs. Deviations from the target condition must be recognized early. An effective communication with all parties involved, especially the client and subcontractors, is essential to avoid misunderstandings and resolve conflicts in a timely manner. We’ve mentioned it before, but it is so important: The Change order and defect management according to VOB/B zeitnah zu lösen. Wir haben es schon erwähnt, aber es ist so wichtig: Die comprehensive documentation of all relevant events, decisions, orders, and deficiencies is absolutely crucial. Here, digital tools, such as our software for app-based deficiency management, can significantly ease your work by enabling structured recording and tracking. A well-maintained construction diary and meaningful photographic documentation are often worth their weight in gold if needed and strengthen your position in the Change order and defect management according to VOB/B greatly.
Recommendations for clients and clients
Even if you are a client or ordering party, a well-founded understanding of the change order and defect management according to VOB/B is important for best preserving your interests. Everything starts with a careful contract design, which correctly incorporates the VOB/B and establishes clear rules for dealing with changes and deficiencies – that’s the basis. It is advisable to pay attention to completeness and clarity of the service description already in the planning phase, to minimize the potential for changes. A consistent quality assurance and construction supervision during execution helps to detect deficiencies early and initiate their remedy before they create larger problems. The review of change offers should be based not only on price but also on factual grounds. Knowing your rights and obligations in Change order and defect management according to VOB/B is essential for you as a client to successfully manage your construction projects within the Change order and defect management according to VOB/B to control.
Important aspects for employees of construction companies
Employees of construction companies, particularly foremen and skilled workers, play an enormously important role in daily Change order and defect management according to VOB/B. Basic knowledge of the VOB/B regulations, especially regarding changes in performance, additional services, and deficiency notices, is advantageous here. Of course, a careful execution of works according to contractual agreements and the recognized rules of technology is the best prevention against deficiencies. Equally important is the detailed documentation of one’s own activities, materials used, and any peculiarities or deviations on the construction site. Our advice: If instructions for additional or changed services are given verbally, promptly request a written confirmation. Any early reporting of recognized deficiencies or disruptions to the construction management is a valuable contribution to efficient Change order and defect management according to VOB/B.
Key Benefits of a digital change and deficiency management according to VOB/B
Digitalization is a real game-changer here and offers you significant advantages for the Change order and defect management according to VOB/B:
- Efficiency increase: Faster recording, processing, and tracking of changes and deficiencies through digital workflows.
- Better documentation: Think of a comprehensive, legally secure, and always retrievable documentation, including photos, plans, and protocols – especially valuable in digital deficiency management.
- More transparency and better collaboration: Imagine all parties have access to the latest information. This greatly improves communication and coordination and reduces misunderstandings.
Conclusion: With know-how in VOB/B management, you master your construction projects
We are convinced: A professional Change order and defect management according to VOB/B is an absolutely essential pillar for the success of your construction projects. It requires not only sound knowledge of the VOB/B and relevant legal frameworks but also a proactive approach, careful documentation, and open communication among all contracting parties. As we hopefully could show in this article, managing performance changes and additional services, as well as the consistent follow-up and elimination of deficiencies, is crucial to avoid cost overruns, extensions of construction time, and legal disputes. Observing the duty of cooperation and employing modern digital tools – like those we at Valoon GmbH offer for the mobile deficiency management – can significantly optimize your processes in Change order and defect management according to VOB/B and lead to fair solutions for all parties involved.
The complexity in the construction industry seems to be increasing daily, along with the demands for a truly effective Change order and defect management according to VOB/B. Here at Valoon, we see enormous potential in digitalization to make your processes more transparent, efficient, and legally secure. From mobile recording of deficiencies to digital handling of change offers – software solutions support construction managers, project controllers, and clients in keeping track and making informed decisions. Believe us: The investment in expertise and the right tools for your Change order and defect management according to VOB/B pays off – through smoother project flows, higher quality, and ultimately more satisfied customers. We at Valoon are happy to be your partner in simplifying and optimizing your processes in construction project management and specifically in Change order and defect management according to VOB/B .
A solid foundation: This is what a good Change order and defect management according to VOB/B, provides you to successfully complete construction projects in the interests of all contracting partners. Compliance with the VOB/B regulations, combined with transparent communication and comprehensive documentation, minimizes risks and promotes collaborative working relationships. We hope you can utilize the insights gained here to optimize your processes and make your construction projects future-proof with a strong Change order and defect management according to VOB/B structure.
At Valoon GmbH, we offer comprehensive solutions and consulting to elevate your Change order and defect management according to VOB/B to a new level and increase the efficiency of your construction projects. Discover how our software can help you keep track, control costs, and improve communication. Now is the perfect time to tackle your processes. Contact us today, to start your individual consulting and elevate your change and deficiency management to a new level together with us.<h3>What is the difference between change management according to VOB/B and BGB?</h3><p>The VOB/B provides <strong>industry-specific, detailed regulations</strong> for construction contracts, especially for changes (§ 2 VOB/B) and deficiency claims (§ 13 VOB/B), which go beyond the general provisions of the BGB. The VOB/B must be <strong>explicitly agreed upon</strong> to be valid and is not a law.</p> <h3>When exactly do I need to submit a change according to § 2 VOB/B?</h3><p>A change is required for <strong>quantity changes of over 10 %</strong> (§ 2 Abs. 3), performance changes <strong>ordered by the client</strong> (§ 2 Abs. 5) or when <strong>additional, uncommissioned services</strong> (§ 2 Abs. 6) become necessary. Early notification and a detailed change offer are crucial.</p> <h3>How do I document deficiencies in a legally secure manner according to VOB/B?</h3><p>For legally secure deficiency documentation, you should <strong>precisely describe, photograph (with date/time stamp)</strong> deficiencies, note the exact location, and name witnesses. Use standardized protocols and digital tools for comprehensive recording. The <strong>deficiency notice should be in writing</strong> with a set deadline for rectification.</p> <h3>What deadlines should be particularly noted for deficiency rectification according to VOB/B?</h3><p>Central is the <strong>limitation period for deficiency claims</strong>, which is generally <strong>four years for buildings</strong> according to § 13 Abs. 4 VOB/B and begins with acceptance. In cases of fraudulently concealed deficiencies, a longer period applies. Set the contractor a <strong>reasonable deadline for rectification</strong>.</p> <h3>What is a notice of obstruction according to § 6 VOB/B and why is it so important?</h3><p>A notice of obstruction is a <strong>written notification from the contractor to the client</strong> when they are obstructed in construction execution. It must be submitted <strong>immediately</strong> to secure claims for extension of the construction period or compensation. Without it, these claims may be lost.</p> <h3>How can a software solution help with change and deficiency management according to VOB/B?</h3><p>Software like that from Valoon GmbH <strong>simplifies data collection</strong> (e.g., deficiencies via messenger), centralizes documentation, improves communication between the construction site and the office, and <strong>automates reporting processes</strong>. This leads to more efficiency, transparency, and <strong>less potential for conflict</strong>.</p>
